This I can agree and roll with way more than “they sell at a loss, poor them” angle I have read so much.
It would be important to understand why people mention the "they sell at a loss" argument. It isn't a "poor console manufacturers" argument. It is a "here is one important reason why that matters to the EU" reason. Consoles being sold at a loss is a very relevant difference.
Consoles selling at a loss implies two things:
1) The development of consoles is expected to be largely subsidized by the sale of games.
2) The pricing of those consoles to consumers is kept low because of the expectation of (1).
The reason why this is relevant to the EU is because of what would have to happen if the ability to subsidize console development through game/store sales is taken away. Either:
1) The price of consoles would have to increase to the point where they become prohibitively expensive for EU consumers.
2) One or more console manufacturers would have to pull out of the EU market.
The reality, both 1 and 2 would happen and EU consumers would be far worse off. Considering the EU are mostly democratic governments, creating such a situation would be political suicide.
- Nintendo or Sony making a hypothetical more pocketable version of their consoles and giving them features like phone calls, send texts and WhatsApp messages would make it a potential target. (*Especially if they can be and become the only general computer for many).
Even then, I'm not sure I would call them "general purpose" computers just because you could call or text someone. Now, if a Nintendo Switch or Sony PS Vita gained the ability to run a multitude of personal or business apps, connect with banks, download your pay stubs, clock in and out of work, complete service work orders, or edit photographs, then yes, I'd agree that they should have to follow the same rules.
- An AppleTV, iPad (not quite pocketable, not likely the only daily driver without a phone) and a future Apple console (if ever) would be spared.
An AppleTV or Apple Console - absolutely would make sense to be exempt. An iPad, however, is still a general purpose computer (even moreso than an iPhone) and would have to follow the same rules.
Tablets I find are in between, I don’t see anyone having them as the only computer… there’s always a phone somewhere.
You don't work in field service. I see many, many people using iPads as their only computer in this industry.